Immediate Relative Visas

Philadelphia Immediate Relative Visa Attorneys

Adjustment of Status (When the Parent is in the United States)

Parents of a U.S. citizen are considered immediate relatives. With that, their ability to obtain an immigrant visa is not restricted by numerical limitations. Under the immigration laws, there are only a limited number of immigrant visas available for different classes of immigrants (a.k.a. preference categories). An person’s ability to apply for lawful permanent residence in the United States is typically determined by their “priority date.” For immediate relatives of U.S. citizens, these restrictions do not apply. If the U.S. citizen child is over the age of 21, he, she or they may file an immediate relative petition as a “one step” application, which would include the Form I130 (Petition for Alien Relative) the beneficiary’s Form I-485 (Adjustment of Status Application). In order to take advantage of this process, the parent of U.S. citizen must be in the U.S., and have proof of lawful entry (generally in the form of a Form I94 issued upon entry). The parent must show that he or she is in the United States legally and not deportable. Burden of proof is on the petitioner to demonstrate that there is an immediate relative/family relationship. If the petitioner or beneficiary is unable to provide a birth certificate or other proper documentation, the petitioner should consult a skilled Philadelphia Immigration Attorney to determine appropriate documentation that is in accordance with the guidelines determined by the U.S. Department of State.

In situations where a U.S. citizen wishes to have a parent, who has entered the U.S. with a visitor’s visa, reside permanently in the U.S., the U.S. citizen and the parent must be aware of the legal concept of nonimmigrant intent. Those who enter the U.S. as visitors are understood to hold the intent to return to their home country before the designated period of stay expires. If a visitor takes steps to become a lawful permanent resident, the U.S. Citizenship and Immigration Services (USCIS) may perceive that to be contrary to the intent represented, and determine that the visitor has violated the terms or his or her stay. Consequently, the USCIS may find that the visitor committed misrepresentation, which is a serious violation of immigration law, and deny the application. Generally, the USCIS will scrutinize, among other factors, the timing of the steps taken by the parent to become a lawful permanent resident. As a result, it is imperative that those wanting to apply for adjustment of status based on a family relationship consult with a Philadelphia Immigration Attorney.

If you are interested in obtaining an immediate relative visa for entry into the United States it may make sense to speak with a skilled, experienced Immigration Lawyer. The Law Office of Erik B. Jensen is here to assist you and your family with any and all immigration needs. Call them today at (888) 551-7149.

Consular Processing (When the Parent is residing abroad)

Alternatively, if the parent of a U.S. citizen is residing abroad, the U.S. citizen may file a Form I130. This is the first step of the immigrant visa process. When the USCIS approves the I130 petition, the approval notice is forwarded to the Department of State’s National Visa Center. Depending upon the beneficiary’s country, the National Visa Center will issue a packet of documents and process the initial forms. After the petitioner completes these documents, the National Visa Center will forward the case to the appropriate U.S. consulate. If the parent is granted an immigrant visa, he or she will enter the U.S. as a lawful permanent resident unless the Port of Entry Officer makes a determination that the Immigrant Visa was improperly or erroneously granted. After September 11, 2001, this process has become more frustrating for many applicants because consular and USCIS procedures have changed frequently. Furthermore, consulates may issue a denial if there is an error or omission in the application. Lastly, if the applicant did not meet the regulatory guidelines in providing the necessary supporting documentation the visa may be denied.

Why Retain A Philadelphia Immigration Attorney

The skilled legal team at The law Office of Erik B. Jensen has a high success rate because they take care of all details regarding your case on your behalf. As an example, they thoroughly prepare all of the forms for clients and make sure that all necessary documentation and evidentiary requirements are fulfilled. They will thoroughly analyze proper documentary evidence proving a bona fide relationship. Some forms of documentation in immigration cases are highly scrutinized, such as birth certificates and marriage licenses. Mr. Jensen and his associates will analyze your documents to ensure the documents meet any and all regulations.

The Law Office of Erik B. Jensen is also successful in obtaining immediate relative application approvals for our clients by evaluating the legal issues affecting eligibility for lawful permanent residence. Some of these issues can be prior visa denials, unlawful or illegal presence in the United States, failure to properly maintain lawful status, public charge issues and proper documentation concerns.

Contact An Immigration Lawyer Serving PA, NJ And DE

Contact The Law Office of Erik B. Jensen at(215) 546-4700 today for a free consultation. After hours dial
(888) 551-7149to determine if you qualify for an immediate relative visa. Mr. Jensen and his staff serve those with Immigration needs throughout all of Delaware, southern New Jersey, eastern Pennsylvania. They offer foreign language services and are located in Center City Philadelphia.